Full Text of SB1634 99th General Assembly
SB1634 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1634 Introduced 2/20/2015, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/16-3 | from Ch. 38, par. 16-3 | 730 ILCS 5/5-5-6 | from Ch. 38, par. 1005-5-6 |
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Amends the Criminal Code of 2012. Includes in the theft of rental property renting or leasing equipment including tools, construction or industry equipment, and such items as linens, tableware, tents, tables, chairs and other equipment specially rented for a party or special event. Changes the property value threshold for theft of rental property from $500 to $50. Allows the trier of fact to infer evidence that the person is without good cause for failure to return the property if the person signs the agreement with a name or address other than his or her own. Changes the penalty for theft of rental property from a Class 4 felony to a Class 3 felony. Amends the Unified Code of Corrections. Provides in addition to the available sentences for theft of labor services or use of property, the court shall order any person convicted of any of those offenses to pay restitution for any outstanding balance due and the reasonable loss of revenue, including but not limited to loss of future rental revenue for the property, for the failure to return the rental property on the date specified for its return. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 16-3 as follows:
| 6 | | (720 ILCS 5/16-3) (from Ch. 38, par. 16-3)
| 7 | | Sec. 16-3. Theft of labor or services or use of property. | 8 | | (a) A person commits theft when he or she knowingly obtains | 9 | | the temporary use
of property, labor or services of another | 10 | | which are available only for hire,
by means of threat or | 11 | | deception or knowing that such use is without the
consent of | 12 | | the person providing the property, labor or services. For the | 13 | | purposes of this subsection, library material is available for | 14 | | hire.
| 15 | | (b) A person commits theft when after (1) renting or | 16 | | leasing a motor vehicle,
(2) obtaining a motor vehicle through | 17 | | a "driveaway" service mode of transportation , (3) renting or | 18 | | leasing equipment including tools, construction or industry | 19 | | equipment, and such items as linens, tableware, tents, tables, | 20 | | chairs and other equipment specially rented for a party or | 21 | | special event,
or (4) renting or leasing any other type of | 22 | | personal property , exceeding $50 $500 in value,
under an | 23 | | agreement in writing which provides for the return of the |
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| 1 | | vehicle , equipment,
or other personal property to a particular | 2 | | place at a particular time, he or she
without good cause | 3 | | knowingly fails to return the vehicle , equipment, or other | 4 | | personal
property to that place within the time specified, and | 5 | | is thereafter served
or sent a written demand mailed to the | 6 | | last known address, made by certified
mail return receipt | 7 | | requested, to return the such vehicle , equipment, or other | 8 | | personal
property within 3 days from the mailing of the written | 9 | | demand, and who without
good cause knowingly fails to return
| 10 | | the vehicle , equipment, or any other personal property to any | 11 | | place of business of the
lessor within the return such period. | 12 | | The trier of fact may infer evidence that the person is without | 13 | | good cause if the person signs the agreement with a name or | 14 | | address other than his or her own.
| 15 | | (c) A person commits theft when he or she borrows from a | 16 | | library facility library material
which has an aggregate value | 17 | | of $50 or more pursuant to an
agreement with or procedure | 18 | | established by the library
facility for the return of such | 19 | | library material, and knowingly without
good cause fails to | 20 | | return the library material so borrowed in accordance
with such | 21 | | agreement or procedure, and further knowingly without good | 22 | | cause
fails to return such library material within 30 days | 23 | | after receiving
written notice by certified mail from the | 24 | | library
facility demanding the return of such library material. | 25 | | (d) Sentence.
| 26 | | A person convicted of theft under subsection (a) is
guilty |
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| 1 | | of a Class A misdemeanor, except that the theft of library | 2 | | material where the aggregate value exceeds $300 is a Class 3 | 3 | | felony. A person convicted of theft under subsection
(b) of | 4 | | this Section is guilty of a Class 3 4 felony. A person | 5 | | convicted of theft under subsection (c) is guilty of a petty | 6 | | offense for which the offender may be fined an amount not to | 7 | | exceed $500 and shall be ordered to reimburse the library for | 8 | | postage costs, attorney's fees, and actual replacement costs of | 9 | | the materials not returned, except that theft under subsection | 10 | | (c) where the aggregate value exceeds $300 is a Class 3 felony.
| 11 | | For the purpose of sentencing on theft of library material, | 12 | | separate transactions totalling more than $300 within a 90-day | 13 | | period shall constitute a single offense. | 14 | | (Source: P.A. 97-597, eff. 1-1-12.)
| 15 | | Section 10. The Unified Code of Corrections is amended by | 16 | | changing Section 5-5-6 as follows:
| 17 | | (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
| 18 | | Sec. 5-5-6. In all convictions for offenses in violation of | 19 | | the Criminal
Code of 1961 or the Criminal Code of 2012 or of | 20 | | Section 11-501 of the Illinois Vehicle Code in which the person | 21 | | received any injury to his or her person or damage
to his or | 22 | | her real or personal property as a result of the criminal act | 23 | | of the
defendant, the court shall order restitution as provided | 24 | | in this Section. In
all other cases, except cases in which |
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| 1 | | restitution is required under this
Section, the court must at | 2 | | the sentence hearing determine whether restitution
is an | 3 | | appropriate sentence to be imposed on each defendant convicted | 4 | | of an
offense. If the court determines that an order directing | 5 | | the offender to make
restitution is appropriate, the offender | 6 | | may be sentenced to make restitution.
The court may consider | 7 | | restitution an appropriate sentence to be imposed on each | 8 | | defendant convicted of an offense in addition to a sentence of | 9 | | imprisonment. The sentence of the defendant to a term of | 10 | | imprisonment is not a mitigating factor that prevents the court | 11 | | from ordering the defendant to pay restitution. If
the offender | 12 | | is sentenced to make restitution the Court shall determine the
| 13 | | restitution as hereinafter set forth:
| 14 | | (a) At the sentence hearing, the court shall determine | 15 | | whether the
property
may be restored in kind to the | 16 | | possession of the owner or the person entitled
to | 17 | | possession thereof; or whether the defendant is possessed | 18 | | of sufficient
skill to repair and restore property damaged; | 19 | | or whether the defendant should
be required to make | 20 | | restitution in cash, for out-of-pocket expenses, damages,
| 21 | | losses, or injuries found to have been proximately caused | 22 | | by the conduct
of the defendant or another for whom the | 23 | | defendant is legally accountable
under the provisions of | 24 | | Article 5 of the Criminal Code of 1961 or the Criminal Code | 25 | | of 2012.
| 26 | | (b) In fixing the amount of restitution to be paid in |
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| 1 | | cash, the court
shall allow credit for property returned in | 2 | | kind, for property damages ordered
to be repaired by the | 3 | | defendant, and for property ordered to be restored
by the | 4 | | defendant; and after granting the credit, the court shall | 5 | | assess
the actual out-of-pocket expenses, losses, damages, | 6 | | and injuries suffered
by the victim named in the charge and | 7 | | any other victims who may also have
suffered out-of-pocket | 8 | | expenses, losses, damages, and injuries proximately
caused | 9 | | by the same criminal conduct of the defendant, and | 10 | | insurance
carriers who have indemnified the named victim or | 11 | | other victims for the
out-of-pocket expenses, losses, | 12 | | damages, or injuries, provided that in no
event shall | 13 | | restitution be ordered to be paid on account of pain and
| 14 | | suffering. When a victim's out-of-pocket expenses have | 15 | | been paid pursuant to the Crime Victims Compensation Act, | 16 | | the court shall order restitution be paid to the | 17 | | compensation program. If a defendant is placed on | 18 | | supervision for, or convicted of,
domestic battery, the | 19 | | defendant shall be required to pay restitution to any
| 20 | | domestic violence shelter in which the victim and any other | 21 | | family or household
members lived because of the domestic | 22 | | battery. The amount of the restitution
shall equal the | 23 | | actual expenses of the domestic violence shelter in | 24 | | providing
housing and any other services for the victim and | 25 | | any other family or household
members living at the | 26 | | shelter. If a defendant fails to pay restitution in
the |
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| 1 | | manner or within
the time period specified by the court, | 2 | | the court may enter an order
directing the sheriff to seize | 3 | | any real or personal property of a defendant
to the extent | 4 | | necessary to satisfy the order of restitution and dispose | 5 | | of
the property by public sale. All proceeds from such sale | 6 | | in excess of the
amount of restitution plus court costs and | 7 | | the costs of the sheriff in
conducting the sale shall be | 8 | | paid to the defendant. The defendant convicted of
domestic | 9 | | battery, if a person under 18 years of age was present and | 10 | | witnessed the domestic battery of the
victim, is liable to | 11 | | pay restitution for the cost of any counseling required
for
| 12 | | the child at the discretion of the court.
| 13 | | (c) In cases where more than one defendant is | 14 | | accountable for the same
criminal conduct that results in | 15 | | out-of-pocket expenses, losses, damages,
or injuries, each | 16 | | defendant shall be ordered to pay restitution in the amount
| 17 | | of the total actual out-of-pocket expenses, losses, | 18 | | damages, or injuries
to the victim proximately caused by | 19 | | the conduct of all of the defendants
who are legally | 20 | | accountable for the offense.
| 21 | | (1) In no event shall the victim be entitled to | 22 | | recover restitution in
excess of the actual | 23 | | out-of-pocket expenses, losses, damages, or injuries,
| 24 | | proximately caused by the conduct of all of the | 25 | | defendants.
| 26 | | (2) As between the defendants, the court may |
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| 1 | | apportion the restitution
that is payable in | 2 | | proportion to each co-defendant's culpability in the
| 3 | | commission of the offense.
| 4 | | (3) In the absence of a specific order apportioning | 5 | | the restitution,
each defendant shall bear his pro rata | 6 | | share of the restitution.
| 7 | | (4) As between the defendants, each defendant | 8 | | shall be entitled to a pro
rata reduction in the total | 9 | | restitution required to be paid to the victim
for | 10 | | amounts of restitution actually paid by co-defendants, | 11 | | and defendants
who shall have paid more than their pro | 12 | | rata share shall be entitled to
refunds to be computed | 13 | | by the court as additional amounts are
paid by | 14 | | co-defendants.
| 15 | | (d) In instances where a defendant has more than one | 16 | | criminal charge
pending
against him in a single case, or | 17 | | more than one case, and the defendant stands
convicted of | 18 | | one or more charges, a plea agreement negotiated by the | 19 | | State's
Attorney and the defendants may require the | 20 | | defendant to make restitution
to victims of charges that | 21 | | have been dismissed or which it is contemplated
will be | 22 | | dismissed under the terms of the plea agreement, and under | 23 | | the
agreement, the court may impose a sentence of | 24 | | restitution on the charge
or charges of which the defendant | 25 | | has been convicted that would require
the defendant to make | 26 | | restitution to victims of other offenses as provided
in the |
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| 1 | | plea agreement.
| 2 | | (e) The court may require the defendant to apply the | 3 | | balance of the cash
bond, after payment of court costs, and | 4 | | any fine that may be imposed to
the payment of restitution.
| 5 | | (f) Taking into consideration the ability of the | 6 | | defendant to pay, including any real or personal property | 7 | | or any other assets of the defendant,
the court shall | 8 | | determine whether restitution shall be paid in a single
| 9 | | payment or in installments, and shall fix a period of time | 10 | | not in excess
of 5 years, except for violations of Sections | 11 | | 16-1.3 and 17-56 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, or the period of time specified in | 13 | | subsection (f-1), not including periods of incarceration, | 14 | | within which payment of
restitution is to be paid in full.
| 15 | | Complete restitution shall be paid in as short a time | 16 | | period as possible.
However, if the court deems it | 17 | | necessary and in the best interest of the
victim, the court | 18 | | may extend beyond 5 years the period of time within which | 19 | | the
payment of restitution is to be paid.
If the defendant | 20 | | is ordered to pay restitution and the court orders that
| 21 | | restitution is to be paid over a period greater than 6 | 22 | | months, the court
shall order that the defendant make | 23 | | monthly payments; the court may waive
this requirement of | 24 | | monthly payments only if there is a specific finding of
| 25 | | good cause for waiver.
| 26 | | (f-1)(1) In addition to any other penalty prescribed by |
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| 1 | | law and any restitution ordered under this Section that did | 2 | | not include long-term physical health care costs, the court | 3 | | may, upon conviction of any misdemeanor or felony, order a | 4 | | defendant to pay restitution to a victim in accordance with | 5 | | the provisions of this subsection (f-1) if the victim has | 6 | | suffered physical injury as a result of the offense that is | 7 | | reasonably probable to require or has required long-term | 8 | | physical health care for more than 3 months. As used in | 9 | | this subsection (f-1) "long-term physical health care" | 10 | | includes mental health care.
| 11 | | (2) The victim's estimate of long-term physical health | 12 | | care costs may be made as part of a victim impact statement | 13 | | under Section 6 of the Rights of Crime Victims and | 14 | | Witnesses Act or made separately. The court shall enter the | 15 | | long-term physical health care restitution order at the | 16 | | time of sentencing. An order of restitution made under this | 17 | | subsection (f-1) shall fix a monthly amount to be paid by | 18 | | the defendant for as long as long-term physical health care | 19 | | of the victim is required as a result of the offense. The | 20 | | order may exceed the length of any sentence imposed upon | 21 | | the defendant for the criminal activity. The court shall | 22 | | include as a special finding in the judgment of conviction | 23 | | its determination of the monthly cost of long-term physical | 24 | | health care.
| 25 | | (3) After a sentencing order has been entered, the | 26 | | court may from time to time, on the petition of either the |
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| 1 | | defendant or the victim, or upon its own motion, enter an | 2 | | order for restitution for long-term physical care or modify | 3 | | the existing order for restitution for long-term physical | 4 | | care as to the amount of monthly payments. Any modification | 5 | | of the order shall be based only upon a substantial change | 6 | | of circumstances relating to the cost of long-term physical | 7 | | health care or the financial condition of either the | 8 | | defendant or the victim. The petition shall be filed as | 9 | | part of the original criminal docket.
| 10 | | (g) In addition to the sentences provided for in | 11 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 12 | | 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, | 13 | | 12-14.1, 12-15, and 12-16, and subdivision (a)(4) of | 14 | | Section 11-14.4, of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012, the court may
order any person who | 16 | | is convicted of violating any of those Sections or who was | 17 | | charged with any of those offenses and which charge was | 18 | | reduced to another charge as a result of a plea agreement | 19 | | under subsection (d) of this Section to meet
all or any | 20 | | portion of the financial obligations of treatment, | 21 | | including but not
limited to medical, psychiatric, or | 22 | | rehabilitative treatment or psychological counseling,
| 23 | | prescribed for the victim or victims of the offense.
| 24 | | The payments shall be made by the defendant to the | 25 | | clerk of the circuit
court
and transmitted by the clerk to | 26 | | the appropriate person or agency as directed by
the court. |
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| 1 | | Except as otherwise provided in subsection (f-1), the
order | 2 | | may require such payments to be made for a period not to
| 3 | | exceed 5 years after sentencing, not including periods of | 4 | | incarceration.
| 5 | | (g-1) In addition to the sentences provided in Section | 6 | | 16-3 of the Criminal Code of 2012, the court shall order | 7 | | any person convicted of violating Section 16-3 to pay | 8 | | restitution for any outstanding balance due and the | 9 | | reasonable loss of revenue, including but not limited to | 10 | | loss of future rental revenue for the property, for the | 11 | | failure to return the rental property on the date specified | 12 | | for its return. | 13 | | (h) The judge may enter an order of withholding to | 14 | | collect the amount
of restitution owed in accordance with | 15 | | Part 8 of Article XII of the Code of
Civil Procedure.
| 16 | | (i) A sentence of restitution may be modified or | 17 | | revoked by the court
if the offender commits another | 18 | | offense, or the offender fails to make
restitution as | 19 | | ordered by the court, but no sentence to make restitution
| 20 | | shall be revoked unless the court shall find that the | 21 | | offender has had the
financial ability to make restitution, | 22 | | and he has wilfully refused to do
so. When the offender's | 23 | | ability to pay restitution was established at the time
an | 24 | | order of restitution was entered or modified, or when the | 25 | | offender's ability
to pay was based on the offender's | 26 | | willingness to make restitution as part of a
plea agreement |
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| 1 | | made at the time the order of restitution was entered or
| 2 | | modified, there is a rebuttable presumption that the facts | 3 | | and circumstances
considered by the court at the hearing at | 4 | | which the order of restitution was
entered or modified | 5 | | regarding the offender's ability or willingness to pay
| 6 | | restitution have not materially changed. If the court shall | 7 | | find that the
defendant has failed to make
restitution and | 8 | | that the failure is not wilful, the court may impose an
| 9 | | additional period of time within which to make restitution. | 10 | | The length of
the additional period shall not be more than | 11 | | 2 years. The court shall
retain all of the incidents of the | 12 | | original sentence, including the
authority to modify or | 13 | | enlarge the conditions, and to revoke or further
modify the | 14 | | sentence if the conditions of payment are violated during | 15 | | the
additional period.
| 16 | | (j) The procedure upon the filing of a Petition to | 17 | | Revoke a sentence to
make restitution shall be the same as | 18 | | the procedures set forth in Section
5-6-4 of this Code | 19 | | governing violation, modification, or revocation of
| 20 | | Probation, of Conditional Discharge, or of Supervision.
| 21 | | (k) Nothing contained in this Section shall preclude | 22 | | the right of any
party to proceed in a civil action to | 23 | | recover for any damages incurred due
to the criminal | 24 | | misconduct of the defendant.
| 25 | | (l) Restitution ordered under this Section shall not be
| 26 | | subject to disbursement by the circuit clerk under Section |
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| 1 | | 27.5 of the
Clerks of Courts Act.
| 2 | | (m) A restitution order under this Section is a | 3 | | judgment lien in favor
of
the victim that:
| 4 | | (1) Attaches to the property of the person subject | 5 | | to the order;
| 6 | | (2) May be perfected in the same manner as provided | 7 | | in Part 3 of Article
9 of the Uniform Commercial Code;
| 8 | | (3) May be enforced to satisfy any payment that is | 9 | | delinquent under the
restitution order by the person in | 10 | | whose favor the order is issued or the
person's | 11 | | assignee; and
| 12 | | (4) Expires in the same manner as a judgment lien | 13 | | created in a civil
proceeding.
| 14 | | When a restitution order is issued under this Section, | 15 | | the issuing court
shall send a certified copy of the order | 16 | | to the clerk of the circuit court
in the county where the | 17 | | charge was filed. Upon receiving the order, the
clerk shall | 18 | | enter and index the order in the circuit court judgment | 19 | | docket.
| 20 | | (n) An order of restitution under this Section does not | 21 | | bar
a civil action for:
| 22 | | (1) Damages that the court did not require the | 23 | | person to pay to the
victim under the restitution order | 24 | | but arise from an injury or property
damages that is | 25 | | the basis of restitution ordered by the court; and
| 26 | | (2) Other damages suffered by the victim.
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| 1 | | The restitution order is not discharged by the
completion | 2 | | of the sentence imposed for the offense.
| 3 | | A restitution order under this Section is not discharged by | 4 | | the
liquidation of a person's estate by a receiver. A | 5 | | restitution order under
this Section may be enforced in the | 6 | | same manner as judgment liens are
enforced under Article XII of | 7 | | the Code of Civil Procedure.
| 8 | | The provisions of Section 2-1303 of the Code of Civil | 9 | | Procedure,
providing for interest on judgments, apply to | 10 | | judgments for restitution entered
under this Section.
| 11 | | (Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11; | 12 | | 97-482, eff. 1-1-12; 97-817, eff. 1-1-13; 97-1150, eff. | 13 | | 1-25-13.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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